AVOs can't stop intent

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By Naomi Toy

December 18, 2008 12:00am

THE only thing Melissa Cook had to protect her against the bullet fired by her murderous estranged husband John Leo Kudrytch was a flimsy piece of paper.

It may have had the full weight of the NSW legal system behind it, but Ms Cook's Apprehended Domestic Violence Order against Kudrytch couldn't save her from a man hellbent on controlling her death as he had tried to control her life.

Now her name joins the tragic roll of mothers and daughters who also put their faith in the system only to be let down so tragically.

Like Rachael Young, shot by her estranged partner Stephen Downey before he turned the gun on himself. Downey terrorised Ms Young for years and when he breached the AVO by bombarding her with 35 phone calls and texts he was freed on a good behaviour bond.

Last year 23,176 ADVOs were issued in NSW courts. That same year police recorded more than 10,000 breaches.

It is no wonder that entire days at local courts throughout the state are given over to AVO days.

Take Waverley Local Court yesterday for example where 45 matters relating to AVOs were listed for mention.

In some areas, police find themselves spending 70 per cent of their time dealing with domestic violence matters.

In many ways it's astounding that the system works at all.

NSW Bureau of Crime Statistics and Research director Don Weatherburn says AVOs are effective for most women but can never be failsafe.

"Generally speaking, they seem to be very effective but obviously they are not a magic wand," he said.

"There certainly is a significant breach rate but the real issue is do women who obtain these orders generally benefit from them?"

Dr Weatherburn said research suggested they did with most women indicating the ADVOs eased the problem of intimidation and violence.

"But of course there are from time to time shocking exceptions," he said.

"This is one. When someone is prepared to kill themselves they are obviously going to be insensitive to the possibility that they might be arrested or something like that."

Catherine Gander, executive officer for NSW Women's Refuge Movement, a peak organisation representing 53 refuges across the state says women need to be better educated about times when they may be more at risk. And they need to be empowered to seek help, she said.

In turn, police need to be better resourced to help them.

Ms Gander said there are high risk times associated with domestic violence - and women usually know when they are. They can be at the end of divorce or family court proceedings, anniversaries, custody issues and of course Christmas.

Unfortunately as it stands, there's not adequate provision for women to go to police or the courts and say "I need increased protection at this time".

Police can simply not do any more without being better resourced.

And while those who breach ADVOs shouldn't be getting off with a slap on the wrist, it is hard to see how increasing penalties for breaches of AVOs or even getting tougher on those who continually reoffend will save women like Ms Cook.

A man with murder on his mind doesn't care about the consequences.

Women need to be educated and encouraged to seek protection because for the most part the effectiveness and enforcement of the ADVO is down to them.

"We need to educate women that it is fine if they have concerns, that he doesn't need to be on the doorstep to do something," Ms Gander said.

"What do they do? Do they have sit and wait in terror.

"There should be something else in between that.

"If you save a woman's life through a bit of extra care then it's worth it.

"It's about looking at the history of the perpetrator. There's things which point to a higher risk. If a man tries to strangle a woman then it is really a high risk in terms of his behaviour. There are a lot of things that are known about high risk times and high risk behaviour and the two could be matched up.

"There could be that sort of information given clearly and directly to police as part of their operations instead of going and mopping up after a murder."

But Ms Cook's murder highlights that it is not just the AVO laws which need to be closely examined to prevent further tragedies. It begs the question just what was a man with a history of violence and the subject of an ADVO doing with a gun.